Category Archives: DUI Case Law

Keeping you informed of changes in the law that impacts upon OVI practice in Ohio.

Ohio Supreme Court Address Juvenile Prior OVI Offenses

In State v. Bode, 144 Ohio St.3d 155, 2015-Ohio-1519, the Ohio Supreme Court decided an issue affecting juveniles and the ability of the state to enhance a DUI charge based on prior juvenile adjudications. As a juvenile, the defendant was arrested for violating an equivalent offense 4511.19(A)(1)(a), colloquially referred to as a DUI charge. He…
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Proving Prior Convictions (Evidence Rule 902)

Just how hard is it for the prosecution to prove prior convictions in OVI cases? The government has the burden of providing a foundation that the documents proving prior convictions should be relied upon. The Ohio Rules of Evidence, Evid. Rule 902, provides that extrinsic evidence of authenticity, as a condition precedent to admissibility, is…
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Supreme Court To Decide DUI Cases

In a follow-up to its recent decision in Missouri v. McNeely, the Supreme Court agreed to decide whether a blood or breath test for drunk driving can be made without a search warrant and whether, if there is no warrant, an individual can be charged with a crime for refusing to take such a test.…
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Ignition Interlock Bill Is Reintroduced

"Annie's Law" a bill that would require ignition interlocks for all first-time OVI (drunk driving) offenders is being reintroduced in the Ohio House. State Rep. Gary Scherer's new bill focuses on improving monitoring of ignition interlock devices and provides incentives for first-time offenders choosing to use an interlock device. There also are provisions to require notification when a…
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Appreciable Impairment Offenses – You Look Drunk!

Appreciable Impairment Offenses:  If you refuse to take a chemical test, the State might still be able to prove you guilty of an OVI if they prove (beyond a reasonable doubt) that you  operated a motor vehicle after having consumed some alcohol, drugs of abuse, or a combination of the two and their ability to…
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